Data Point: Sitting in State Legislative Assemblies

Context:

• According to PRS legislative Research data, the average number of days the Assemblies meet has been shrinking across states in recent years.

Key findings:

• Shrinkage in average meeting days: Rajasthan, Madhya Pradesh (MP), Chhat­tis­garh, Mizoram and Telangana, where elections are underway, met for less than 30 days on average annually between 2019 and 2023.
• Fall in average sittings: Compared to the previous term (2014-18), average sittings fell for all except Rajasthan, which recorded a marginal increase, from 28 days to 29 in the current term.
  • The fall was the sharpest for MP, where the Assembly met for barely 16 days. In 2014-2018, it had met for 27 days. 
  • In Chhattisgarh, the legislature’s business days shrank from 29 to 23, and Telangana from 26 to 15 (see chart 1).

• Outlier: The Karnataka Legislative Assembly met for 45 days in 2022, the highest among the 28 states and Union Territories (UTs) for which data is available. 
• • West Bengal and Kerala followed with 42 days and 41 days, respectively

Other Findings:

• It also found that 48% of Bills were passed in the five poll-bound states within a day of their introduction.
  • This lack of scrutiny could lead to poorly drafted laws that harm citizens.
• Performance of Women Legislature: Women MLAs asked less than 20% of the questions in the five poll-bound states between 2018 and 2023.

• Attendance: The average MLA attendance in the five poll-bound states was below 90%.
• • This lack of participation could lead to a disconnect between the MLAs and their constituents.

Constitutional Provisions: 

• Article 174 of the Indian Constitution only specifies that the gap between two sittings of the state legislatures should not be more than six months.
• However, it does not prescribe any number of sitting days for the legislatures.​

Reasons For Decreasing Sittings Of Assemblies: 

• Legislature Has No Power Over Its Sittings: In India, the governor of the state convenes the assembly on the recommendation of the Cabinet, thereby giving the state government control over the legislature’s sittings. 
  • Since the legislature is expected to hold the government accountable, it must have the power to decide its sittings.​
• Disruptions: Even during the few days that the assemblies meet, disruptions further reduce the time spent on deliberation on important issues of the state.

Recommendation: 

• The National Commission to Review the Working of the Constitution recommended that the “Houses of state legislatures with less than 70 members should meet for at least 50 days a year and other Houses for at least 90 days”.
  • while the minimum number of days for sittings of Rajya Sabha and Lok Sabha should be fixed at 100 and 120 days respectively.
• Statutory Backing: The Rajya Sabha is deliberating on a private member bill making it mandatory for Parliament to sit for 100 days.​
• Fixed Calendar: This practice is followed in countries like the United Kingdom, Canada, and Australia. Hence, with fewer sittings, it becomes more important that the assembly remains productive whenever it is in session.
  • Moreover, it is useful to have a fixed calendar for sittings of the legislature so that other political developments do not affect its functioning.
• System of Standing Committee: Over the years Parliament sittings have also declined however, the Parliament also has an active standing committee system. 
  • These committees deliberate on various issues related to specific ministries and scrutinise legislation. Such a committee system is either absent in most state legislatures or inactive.

Source: Business Standards